Arbitration is becoming an increasingly popular method of dispute resolution in the UAE, particularly amongst the international community. The UAE's Arbitration Law has provided a much-needed update to the previous regime, providing a detailed legislative framework for arbitrations within the jurisdiction which is much more closely aligned to international standards.

1. OVERVIEW

1.1 The United Arab Emirates (UAE) published its new arbitration law in the Official Gazette No. 630 on 15 May 2018 as Federal Law No. 6 of 2018(Arbitration Law). The Arbitration Law came into force one month after its publication on 15 June 2018  1 and has since been amended by Federal Law No. 15 of 2023.

1.2 The Arbitration Law (which contains 61 articles across six chapters) provides a detailed legislative framework for arbitrations within the UAE and, as it is largely based on the UNCITRAL Model Law 1985, it is much more closely aligned to international standards. This has generally strengthened the UAE’s position as a jurisdiction for international arbitration, and with the amendments to the Arbitration Law, there is a clear aim to enhance the efficiency and adaptability of arbitration proceedings seated in the UAE.

2. SCOPE OF APPLICATION AND GENERAL PRINCIPLES

2.1 General principles

2.1.1 The Arbitration Law applies to arbitrations seated in the UAE, unless the parties elect to apply a different law (and provided that such law does not conflict with the public policy and public morals of the UAE, such as where it conflicts with Shari’ah law). 2

2.1.2 The Arbitration Law will also apply to international, commercial arbitrations conducted outside the UAE if the parties have so agreed. 3

2.1.3 The Arbitration Law established the following general principles:

Party autonomy 

2.1.4 The Arbitration Law provides that: 

  • Arbitration may be agreed to by persons with authority to conclude such agreements  4  (considered further below);
  • The parties are permitted to agree to the procedures to be followed; 5  and 
  • The Arbitration Law provides for the tribunal to apply the substantive law chosen by the parties. 6
Fairness

2.1.5 The parties shall be treated equally and given adequate opportunity to present their cases. 7

Confidentiality

2.1.6 Arbitral awards shall be treated as confidential and may not be published without the written consent of the parties. 8 Further, the proceedings themselves shall be held in private, unless otherwise agreed by the parties. 9

Non-intervention by the courts

2.1.7 Where a dispute which is subject to an arbitration agreement is filed before the court, the court where the proceedings were filed shall stay them (provided such request is made prior to the submission of any defence). 10  Notwithstanding this, the Arbitration Law permits the court 11 to exercise a supervisory jurisdiction in respect of arbitrations (considered further below). 12

3. THE ARBITRATION AGREEMENT

3.1 Formal requirements

3.1.1 The Arbitration Law provides that an arbitration agreement may be concluded prior to or following the commencement of a dispute. 13

3.1.2 In order to be valid, an arbitration agreement must be made in writing, 14 which will be the case if:

  • The arbitration agreement was made in a signed instrument or in the exchange of correspondence (including by email); 15 or
  • The arbitration agreement is contained in a separate document incorporated into a contract by reference, provided that the reference specifically incorporates the arbitration agreement.  16

3.1.3 The requirement for an arbitration agreement to be in writing will also be complied with if the agreement is made during a court case, 17  or where one party files a written submission requesting arbitration (either in court or in arbitration); and the other party does not object. 18

3.1.4 Finally, on this point, it is not permissible to execute an arbitration agreement in relation to the matters that may not be settled by conciliation. 19

3.2 Capacity to agree to arbitration

3.2.1 An arbitration agreement may be entered into by a natural person or the authorised representative of a juridical person. In either case, the person entering into the arbitration agreement must have the capacity to do so. 20

3.2.2 Traditionally, the UAE courts have determined that the representative of a juridical person will only have the requisite authority if that person is the entity’s general managern 21  or has been provided with a special power of attorney expressly permitting the execution of arbitration agreements. However, the jurisprudence in recent years indicates that the concept of apparent authority is becoming increasingly accepted by the court, although this will depend upon the specific facts applicable to each case.

3.3 Independence of the arbitration clause

3.3.1 The severability of arbitration agreements is expressly recognised by the Arbitration Law, which stipulates that an arbitration clause in a contract shall be considered independent and severable from the contract overall. 22 This means that the (in)validity of the contract should not affect the validity of the arbitration clause.

3.4.1 The Arbitration Law dictates that a dispute brought before a court must be dismissed in the event that the respondent asserts the existence of an arbitration agreement before submitting any defence, unless the court determines the arbitration agreement is invalid. 23

3.4.2 Further, where an arbitration agreement exists, the filing of a case before the court does not prevent the commencement or continuation of an arbitration, or the issuance of an arbitral award.  24

4. COMPOSITION OF THE ARBITRAL TRIBUNAL

4.1 Constitution of the arbitral tribunal

4.1.1 The tribunal shall be made up of an odd number of arbitrators 25 but it is otherwise a matter for the parties to agree upon the number of arbitrators.  26 If no agreement exists, then the default number shall be three (unless otherwise directed by the arbitral institution). 27

4.1.2 The following provisions of the Arbitration Law are relevant to the appointment of arbitrators.

  • An arbitrator must be an adult.  28
  •  Persons convicted of any offences involving breaches of honour or trust, or undischarged bankrupts cannot be appointed as arbitrators. 29
  • There shall be no “direct relationship” between an arbitrator and any of the parties in the arbitration that would prejudice the arbitrator’s “impartiality, integrity or independence”.  30
  • There are no requirements in relation to gender or nationality, unless set out by the parties or the law.  31
  • Arbitrators must disclose any circumstances that could call into question their independence or impartiality. This duty applies from the time of their appointment and continues throughout the arbitration. 32

4.1.3 In addition, it is permissible for arbitrators to be appointed  from among the members of the arbitral institutions’ supervisory or management bodies,  33  provided that the conditions stipulated are met, including that the institution shall have a special governance system in place to prevent any conflict of interest arising.  34

 4.1.4  In terms of the appointment process, the following rules apply.

  • The parties are free to agree on the manner and time of appointing the sole arbitrator or a panel of arbitrators. 35  Naturally this can include agreeing to institutional rules which provide for appointment processes.  
  • Where a sole arbitrator is to be appointed and either party fails to make a nomination within 15 days after submission of a request by the other, then the requesting party may apply to the arbitration institution or the court to make the appointment. 36
  • Where the tribunal is comprises three or more arbitrators, each party shall elect one arbitrator who shall then mutually agree on the chairman of the tribunal. In the event that either party fails to make a nomination, or where the parties fail to agree upon the chairman, then the appointment shall be made by the arbitration institution or the court. 37
  • In the event that an arbitration institution or the court has to become involved in the appointment of an arbitrator, the parties’ agreement and the requirements of the Arbitration Law must be taken into account. 38

4.1.5 Where either party breaches the appointment procedures, the parties fail to reach an agreement where one is required, or the appointed co-arbitrators fail to reach an agreement where so required, then either party may refer to the arbitration institution or the court to conduct the required procedures 39

4.1.6 As a general point, the appointment or participation in the appointment of an arbitrator by either party shall not deprive it of its right to plead in respect of the tribunal’s lack of jurisdiction.  40

4.2 The challenge and termination of arbitrators’ appointments 

4.2.1 An arbitrator may be challenged only where: 

  • Circumstances give rise to serious doubts as to their independence or impartiality; or
  • Where the conditions agreed by the parties or the requirements of the Arbitration Law have not been satisfied. 41

4.2.2 Further, a party may only challenge an arbitrator that it has appointed (or co-appointed) for reasons that become known after the appointment has taken place. 42

4.2.3 The parties may agree on the procedure for challenging arbitrators, 43  otherwise:

  • The challenging party shall notify the challenged arbitrator in writing, indicating the reasons for the challenge. The challenge must be made within 15 days after the challenging party becomes aware of the appointment, or the circumstances giving rise to the challenge; 44
  • If the other party does not agree with the objection, or the challenged arbitrator does not resign within 15 days, then a notice of challenge may be submitted to the arbitration institution or the court which shall then issue a non-appealable decision; 45
  • An ongoing challenge application shall not lead to the suspension of the arbitration. The tribunal (including the challenged arbitrator) may continue to act and issue an award; and 46
  • In the event that the challenge is accepted by the arbitration institution or the court, a non-appealable decision may also be made as to the arbitrator’s fees and expenses, which may lead to a recovery of these from the challenged arbitrator. 47

4.3 Termination 

4.3.1 The circumstances where the termination of an arbitrator’s mandate will occur include: 

  • Where the arbitrator is unable or refuses to perform his or her duties; 
  • Where unjustifiable delays to the proceedings are caused by the arbitrator; and/or 
  • Where the arbitrator fails to observe the arbitration agreement. 48

4.3.2 In these circumstances the arbitration institution or the court may terminate the arbitrator’s appointment, upon receipt of an application from one of the parties, and after hearing the arbitrator’s statement in response. 49

4.3.3 Where an arbitrator’s appointment comes to an end, the Arbitration Law also provides for the appointment of substitutes, using the same procedures as applied to the panel in general. 50  In the event that substitute arbitrators are appointed, the parties may agree to maintain the procedures previously taken. If no agreement is reached, then the reconstituted tribunal shall determine the issue. Any decision of the tribunal in this regard shall not prevent either party from challenging the procedures that occurred prior to the reconstitution of the tribunal. 51

5. JURISDICTION OF THE ARBITRAL TRIBUNAL

5.1 Competence to rule on jurisdiction

5.1.1 The tribunal is empowered to determine its own jurisdiction, including whether there is an existing or valid arbitration agreement in place; and whether such agreement covers the subject matter of the dispute. 52 The tribunal may make its determination in this regard either as a preliminary decision, or in a final award. 53

5.1.2 In the event that a preliminary decision as to jurisdiction is issued, the parties may (within 15 days) request the court to rule on the matter. 54  The court must issue its (non-appealable) judgment within 30 days of the application being submitted, 55 during which time the arbitration shall be suspended, unless the tribunal decides to continue with the proceedings at the request of one of the parties. 56 However, the party making the request (for the tribunal to proceed) shall bear the arbitration costs in the event that the court determines the tribunal has no jurisdiction. 57

5.2 Power to order interim measures

5.2.1 Subject to the court’s general jurisdiction and, unless otherwise agreed, the tribunal may (either upon request or at its own discretion) order interim or conservatory measures be taken. 58  The measures to be directed are at the discretion of the tribunal and may include injunctive relief. 59  The party requesting the order may be required to submit security to cover the costs of the measure ordered and may be ordered to bear all damages arising from the measure if the tribunal subsequently concludes that the party was not entitled to the measure ordered. 60

5.2.2 Once an order is issued, the party in whose favour it was made may (with the written permission of the tribunal) apply to the court to have it enforced. 61

6. CONDUCT OF THE PROCEEDINGS

6.1 General procedural principles

6.1.1 Subject to any mandatory requirements of the Arbitration Law, the parties to an arbitration are free to agree upon the institutional rules and other procedures to be followed. 62  Where no agreements exist, the tribunal may determine the procedures to be followed. 63

6.1.2 These provisions are, of course, subject to the overriding principle that the parties are to be treated equally and given the same opportunity to present their claims and defences. 64

6.2 Commencement of an arbitration

6.2.1 Serving the request for arbitration will be deemed an initiation of the claim, 65  whereas the proceedings shall officially commence on the day following the formation of the tribunal. 66

6.3 Seat, place of hearings and language of arbitration

6.3.1 The parties may agree to conduct arbitration and determine its location, whether on site or virtually. Where no agreement is reached, this shall be determined by the Arbitral Tribunal, taking into account the circumstances of the case and the suitability of the location for its parties. 67  The arbitration centre shall provide the necessary technology for conducting remote proceedings. 68

6.3.2 In terms of the language to be used in the proceedings, the parties are free to agree this, failing which Arabic will be the default language. 69

6.4 Multi-party issues

6.4.1 The Arbitration Law expressly permits the tribunal to allow third parties to be joined to, or to intervene in the proceedings. There is a requirement that the third party be a party to the arbitration agreement itself and all parties must be given an opportunity to comment. 70

6.5 Written proceedings 

6.5.1 A timetable for the service of pleadings can be agreed between the parties and the tribunal can also make determinations in this regard. 71

6.5.2 Where there is no agreement or determination, the default position is that the statement of claim shall be due within 14 days from the constitution of the tribunal. 72  Thereafter, the respondent shall have 14 days in which to respond. 73

6.5.3 Either party is permitted to amend its stated case as the proceedings progress, unless otherwise directed by the tribunal. 74

6.6 Evidentiary hearings

6.6.1 The tribunal has the discretion to determine whether to hold a hearing, unless the parties agree otherwise. 75 Such hearings shall take place in private; 76  and as set out above, may take place virtually. 77

6.6.2 The parties are permitted to appoint legal representatives to represent them before the tribunal, with the tribunal retaining the right to request proof of authorisation in relation to such representatives. 78

6.6.3 The tribunal is required to notify the parties in advance of the hearing dates;  79 and to provide a summary of the minutes once the hearing has taken place. 80

6.7 Breach of a party’s obligations 

6.7.1 Unless otherwise agreed, where the claimant fails (without an acceptable excuse) to submit its statement of claim, the tribunal may decide to terminate the proceedings. 81 However, the failure of the respondent to file a response, or of the claimant to provide its reply to any counterclaim, shall not prevent the tribunal from continuing the proceedings. 82

6.7.2 Where either party fails, without an acceptable excuse, to attend any hearing or to provide documents requested from it, the tribunal may proceed with the arbitration and reach any conclusions it deems fit in relation to such failures. 83

6.8 Evidence generally

6.8.1 The tribunal has a discretionary power to determine the rules of evidence to be followed in the proceedings, as well as to accord weight to the evidence provided by the parties. 84

6.9 Witness testimonies 

6.9.1 Unless otherwise agreed, the hearing of witnesses’ and experts’ testimonies shall be conducted in accordance with the law of the UAE. 85  Further, witnesses may appear via video conference (or other forms of communication) as their physical attendance is not required. 86

6.10 Engagement of experts

6.10.1 The Arbitration Law provides that:

  • Unless otherwise agreed, the tribunal has the discretion to appoint experts during the proceedings; 87
  • A proposed expert is required to provide to the tribunal and the parties a description of their qualifications and a statement confirming their impartiality and independence, and the parties are entitled to submit objections to the appointment within the time prescribed by the tribunal, but once those objections have been ruled upon, the decision of the tribunal is final; 88
  • The parties are required to provide the necessary information for the expert’s mission; 89
  • The expert’s fees shall be payable by the parties, as determined by the tribunal; 90
  • Once the expert report is produced, the parties shall be given an opportunity to comment on it; 91  and
  • The tribunal may, at its own discretion or at the request of one of the parties, hold a hearing to examine the expert. 92

6.10.2 The parties are also permitted to engage experts at their own discretion and expense. 93

7. MAKING OF THE AWARD AND TERMINATION OF PROCEEDINGS

7.1 Choice of law

7.1.1 The dispute shall be determined in accordance with the law chosen by the parties, failing which the tribunal shall apply such law as it considers most relevant to the subject matter of the dispute. 94 As a general point, the tribunal may not act as amiable compositor or determine the dispute ex aequo et bono, unless the parties specifically authorise the tribunal to do so. 95

7.2 Interim and partial arbitral awards

7.2.1 The tribunal is empowered to issue interim awards or awards on parts of claims, 96  which shall be enforceable by the courts through an order issued on the basis of an application by the chief justice of the Court (or whoever the chief justice delegates for that purpose). 97

7.3 Settlement

7.3.1 If the parties settle the dispute amicably prior to the issuance of the final award, they may request to submit the terms of the settlement to the tribunal, which is then required to render an award on those terms. 98

7.4 Termination of proceedings

7.4.1 The proceedings shall come to an end upon the issuance of the final award or where:

  • The parties agree to discontinue the proceedings;
  • The claimant abandons its claims, unless the respondent convinces the tribunal that it has a genuine interest in the continuation of the proceedings; or
  • The tribunal finds, for any reason, that continuing the proceedings is unnecessary or impossible. 99

7.5 Timing, form, content and notification of the final award

7.5.1 The award shall be rendered by the tribunal in accordance with the timetable agreed by the parties. Where there is no agreed deadline, the award shall be issued within six months from the date of the first hearing of the arbitration, which generally takes place shortly after the tribunal has been appointed. 100 This deadline may be extended by the tribunal for a further six months, unless the parties agree to a longer extension. 101  Thereafter, the court may extend the deadline as it sees fit and its decision will be final, unless otherwise agreed by the parties. 102

7.5.2 In terms of the format of the award, the following requirements must be met:

  • It shall be issued in writing and signed by the tribunal or the majority thereof 103  (with electronic signatures being permitted) 104
  • Where any arbitrator refuses to sign the award, the reasons for the refusal must be recorded in the award; 105
  • The award must detail the reasons for the tribunal’s determination (unless otherwise agreed, or not required under the applicable law); 106
  • The award must include the names and addresses of the parties and the names, nationalities and addresses of the arbitrators; and
  • The award must also include the text of the arbitration agreement, a summary of the parties’ claims; and state the date and place of issue. 107

7.5.3 Unless the parties have agreed otherwise, the date of the award shall be the date of its signing by the sole arbitrator, or the last member of the tribunal; 108  and unless otherwise agreed, the award shall be deemed to have been issued at the seat of arbitration. 109

7.5.4 Once issued, an original or a copy of the award signed by the tribunal shall be provided to each of the parties within 15 days. 110 However, where the arbitration costs have not been paid by the parties at the time that the award is issued, the tribunal may withhold delivery. 111  A party is entitled to make an application to the court if a tribunal has withheld delivery, but the release of the award will only be made upon proof of full payment of the arbitration costs or those specified by the court. 112

7.5.5 Any award that is issued shall be confidential and may not be published in whole or in part unless it is approved by the parties in writing or contained in a judicial judgment. 113

7.6 Costs of the arbitration

7.6.1 The tribunal is empowered to assess the costs of the arbitration, including the fees and expenses incurred by the arbitrators (unless the parties’ agreement provides otherwise); 114 and apportion these between the parties. 115 This power is subject to the court’s overriding power to amend the costs assessed, on the application of one of the parties  116 (unless an agreement as to the value of the costs has been reached). 117

7.6.2 Importantly, the Arbitration Law does not state that the tribunal can apportion or award the costs arising from the parties’ legal representation. However, provided that the institutional rules governing the arbitration permit the awarding of legal costs, the Arbitration Law will not preclude the exercising of that arbitral power. 

7.6.3 That said, issues might arise in cases where the institutional rules do not contain any rights for tribunals to award legal costs. In such cases, the parties would need to expressly agree this power for the tribunal, either in the arbitration agreement or in the terms of reference.

7.6.4 Recent case law on whether parties (in UAE-seated arbitrations governed by rules which are silent on the awarding of legal costs) can make such an express agreement in relation to lawyers’ fees has not been consistent. In one case, 118 the Dubai Court of Cassation confirmed that lawyers’ fees can be awarded, provided that an express power exists in the terms of reference; and in another case, 119  the Dubai Court of Cassation partially nullified an award in respect of lawyers’ fees despite the parties’ agreement in the terms of reference. The basis for this judgment was that the signing lawyer’s power of attorney did not contain any express right to confer such powers onto the tribunal.

7.6.5 Accordingly, where the chosen institutional rules do not contain a power for the tribunal to award legal costs, parties will be best advised either to:

  • include the right for tribunals to award legal costs in the initial arbitration agreement; or
  • include the required powers in any terms of reference.

7.6.6 In either case, to protect the parties’ positions as fully as possible until a more significant body of case law develops on this point, the signatories used should have special powers of attorney permitting them to agree to the tribunal awarding legal costs.

7.7 Interest

7.7.1 The Arbitration Law does not regulate the awarding of interest, which generally will be permitted (on a simple basis) as a matter of UAE law.

7.8 Corrections to the award

7.8.1 The tribunal is responsible for correcting material mathematical or typographical mistakes in the award. Either party may request corrections to the award within 30 days of it being served (unless otherwise agreed), or the tribunal may correct the award of its own volition. 120

7.8.2 The tribunal shall make the necessary corrections within 30 days of issuing the award, or within 30 days of receiving a correction request and may extend such periods by 15 days if it deems necessary. 121 The corrected award (which shall be deemed an integral part of the original award) 122  shall be served within 15 days of being issued.

7.9 Interpretation 

7.9.1 Either party has a right, within 30 days of service of the award (unless otherwise agreed), to request the tribunal to interpret any ambiguities in the award. 123

7.9.2 Where the tribunal considers the request to be justified, it may provide a written interpretation (which will be considered an integral part of the original award) 124 within 30 days following the date of the request (with the possibility to extend this period by 15 days). 125

7.10 Additional arbitral awards

7.10.1 Within 30 days of receiving the award, either party may request the tribunal to issue an additional award, in respect of claims made in the proceedings which were not assessed in the original award. 126

7.10.2 If the tribunal accepts the request, it shall issue an additional award within 60 days (and may extend this period by 30 days). 127 In the event that the tribunal fails to issue an additional award (or to issue a corrected award or an interpretation of the award), the requesting party may apply to the Court of Appeal to issue the award. 128

8. ROLE OF THE COURTS 

8.1 Jurisdiction of the courts

8.1.1 The UAE courts possess the exclusive jurisdiction to consider the provisions of the Arbitration Law. This jurisdiction continues until the completion of the arbitration proceedings. 129

8.1.2 Upon the request of any of the parties or the tribunal, the court may order precautionary or temporary measures, whether before the commencement or during the arbitration process, unless such measures cease the arbitration procedure or constitute a waiver of the arbitration agreement. 130

8.2 Stay of court proceedings

8.2.1 Where a dispute which is subject to an arbitration agreement is filed before the courts, the court shall stay proceedings (provided such a request is made prior to the submission of any defence) and unless the court is satisfied that the arbitration agreement is void or incapable of being performed. 131

8.3 Preliminary rulings on jurisdiction

8.3.1 Whilst the tribunal has the power to determine its own jurisdiction, 132 either party may, within 15 days of receipt of any determination, request the court to rule on the determination reached by the tribunal. The arbitral proceedings shall be suspended whilst the court’s decision is awaited, unless the tribunal decides to continue with the arbitration at the request of one of the parties. 133 The court’s decision as to the tribunal’s jurisdiction is to be given within 30 days of a request and shall be final and binding, with no right of appeal. 134

8.4 Interim protective measures

8.4.1 The court has jurisdiction to order provisional or precautionary measures as it deems appropriate (on the request of the parties or the tribunal), whether prior to, or during the arbitration proceedings. 135

8.5 Obtaining evidence and other court assistance

8.5.1 The tribunal may request the court to assist in obtaining evidence. 136  The court may intervene in terms of ordering document production, order sanctions against any witness who fails to appear without lawful excuse or may issue a letter rogatory. 137

9. CHALLENGING AND APPEALING AN AWARD THROUGH THE COURTS

9.1 Nullification of the award

9.1.1 An award may not be challenged except by filing a nullification application in the Court of Appeal, or by challenging the award after a ratification application has been filed. 138  The grounds for challenging an award correspond to international norms and include:

  • The non-existence or invalidity of the arbitration agreement;
  • The other party did not have capacity at the time of entering into the arbitration agreement;
  • The other party was not authorised to enter into an arbitration agreement;
  • Either party was prevented from presenting its case in the proceedings;
  • The substantive law agreed to was not applied to the dispute;
  • The tribunal’s constitution violated the parties’ agreement or any provisions of the law;
  • The arbitration procedures were null in a manner that affected the award; or
  • The award exceeded the scope of the arbitration agreement. 139

9.1.2 Further, as would be expected, the court has discretion to nullify an award at its own discretion where the subject matter of the dispute cannot be subjected to arbitration, or where the award contravenes public policy or the morality of the UAE. 140

 9.1.3 Any application for the nullification of the award (aside from those made in response to a ratification application) must be made within 30 days of service of the award. 141

9.1.4 The Court of Appeal’s decision as to the nullification of an award may be challenged only by filing an appeal to the Court of Cassation. 142 Further, the nullification of an award will not affect the ongoing validity of the underlying arbitration agreement (unless the nullification related to the non-existence or invalidity of the arbitration agreement). 143

9.2 Suspension of the award

9.2.1 The filing of a nullification application will not necessarily result in the suspension of the award. However, the court may order the suspension of the ratification proceedings where good cause is shown. 144

9.2.2 In the event that the award is suspended, the court may order the applicant to provide a guarantee or security; and must determine the nullification application within 60 days from the date the suspension order is issued. 145

10. RECOGNITION AND ENFORCEMENT OF THE ARBITRAL AWARD 

10.1 Ratification

10.1.1 In order to enforce an award in the UAE, the award creditor must request an order for the ratification and execution of the award and submit: 146

  • The original arbitration award or a certified copy thereof;
  • A copy of the arbitration agreement;
  • A certified Arabic translation of the award from a licensed translator; and
  • A copy of the transcript confirming that the arbitration award was filed.

10.1.2 The ratification and execution order should be issued within 60 days from the date the application was submitted (unless there are grounds to nullify the award). 147

10.1.3 Once the court issues its decision on the ratification application, either of the parties may file a grievance application, which is essentially an appeal, within 30 days from the date of service. 148

10.2 Execution

10.2.1 Once an order for the ratification and execution of the award is issued, enforcement in the UAE will be governed by the Civil Procedures Code that applies generally to the enforcement of judgments. 

10.3 Foreign awards

10.3.1 The ratification and enforcement provisions of the Arbitration Law do not apply to awards issued in foreign jurisdictions. Federal Decree Law No. 42 of 2022 (Civil Procedure Law) expressly stipulates that its provisions will apply to the enforcement of foreign arbitration awards,  149  which can be enforced in the UAE when it has been verified that:

  • the UAE courts did not have exclusive jurisdiction over the dispute;
  • the award was issued in accordance with the law of the state in which it was issued;
  • the parties had been required to appear in the proceedings and were properly represented;
  • the award is final in the issuing state; and
  • the award does not conflict with any judgments issued by the UAE courts or violate public order or morality. 150

10.3.2. Additionally, in 2006, the UAE acceded to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (New York Convention) without any reservation. Accordingly, awards issued in other member states should be enforceable in the UAE, subject to the grounds for challenging an award set out in the New York Convention.  151